Terms and Conditions

STANDARD TERMS AND CONDITIONS APPLYING TO ALL CONTRACTS

The Client appoints Creatovators CIC, from the date of commencement of the Contract, to carry out the work specified therein for the quoted fee. All work done or services provided are subject to these Terms and Conditions.

1. Invoices shall be submitted by Creatovators CIC as specified in the Contract. All invoices, whether for fees or agreed expenses, are payable, within 30 days of the invoice date.

2. If the Client fails to make payment as required by these Terms and Conditions, or if the Client shall go into liquidation or have a Receiver or Administrator appointed, then Creatovators CIC shall have a right to cancel the Contract and discontinue any work and all sums owed to Creatovators CIC at that time shall become immediately due for payment.

3. All conclusions, recommendations, and forecasts arising from Creatovators CIC performance of the Contract and contained in any subsequent report, letter or communication, both verbal and written, are made in good faith and on the basis of the information available to Creatovators CIC at that time, whether from the Client or from information which is in the public domain. The validity thereof will depend, amongst other factors, on the effective co-operation of the Client, and the Client's Staff.

4. Hence, no condition, warranty or representation, express or implied, is given as to the outcomes or performance obtained or to be obtained from the services provided by Creatovators CIC and the Client shall be responsible for the proper implementation of Creatovators CIC’s recommendations. Creatovators CIC cannot warrant that the work will be outside the scope of any patent or registered design, and will not be liable to the Client for any loss or claim which is not reasonably foreseeable on acceptance of the Contract.

5. Creatovators CIC shall not be liable for any direct, indirect or consequential loss suffered by the Client whether this loss arises from a breach of duty in contract or tort or in any other way (including loss arising from Creatovators CIC’s negligence). All other conditions, warranties and representations, expressed or implied, are hereby excluded, unless confirmed in writing by Creatovators CIC.

The Client agrees to indemnify and keep Creatovators CIC indemnified and hold harmless from and against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, losses, damages, claims, demands or legal costs (on a full indemnity basis) and judgements which Creatovators CIC incurs or suffers as a consequence of a direct or indirect breach or negligent performance or failure in performance by the Client of the terms of this Contract.

6. Creatovators CIC Staff are employed under terms of confidentiality specifically forbidding the unauthorised disclosure of confidential information within the bounds of the law. Creatovators CIC will use its best endeavours to keep confidential all information supplied by the Client which is defined and designated in writing as confidential at the time of its supply and the enforcement against a member of staff of these terms of confidentiality shall be deemed to be a full and sufficient discharge of its duties in this connection.

However this confidentiality shall not extend to any information already known to Creatovators CIC prior to its disclosure by the Client or lawfully received from a third party, or any information already existing in the public domain at the date of its disclosure.

7. It is a condition of acceptance of the Contract and of any subsequent Contract arising therefrom that the Client will not recruit or employ either directly or indirectly either full or part-time any person who is employed by Creatovators CIC upon or in connection with the execution of this Project without Creatovators CIC’s prior consent in writing either during the execution of this Project or for a period of one year from the completion thereof.

8. Title to all of Creatovators CIC’s intellectual property, including designs, registered designs, know how, patents, trade marks and copyrights, whether existing prior to the commencement of the Contract or developed during the period of the Contract, are and remain the property of Creatovators CIC.

9. Reports submitted and advice given by Creatovators CIC are for the use of the Client within its business only and are not to be reproduced or disclosed to third parties without prior consent confirmed in writing by Creatovators CIC.

10. For the avoidance of doubt, time shall not be of the essence, and Creatovators CIC shall incur no liability to the Client in respect of any failure to complete the work or any part thereof by any date specified whether in the Proposal or otherwise. However, Creatovators CIC shall employ all reasonable endeavours to meet the milestones and schedules set out in the Proposal.

Neither party to the Contract shall have any liability or be deemed to be in default for any delay nor failure in performance, to the extent that such delay or failure is caused by an event of Force Majeure, provided always that the party affected shall have promptly notified the other party of such event. If an event of Force Majeure prevails for a continuous period in excess of 3 months this Contract may be terminated by either party giving to the other 30 days notice in writing and all outstanding monies due to Creatovators CIC at that time shall become immediately due for payment.

11. Any dispute, controversy, or claim arising out of or relating to this transaction which cannot be settled amicably shall be referred to a mediator appointed by the Mediation Chambers and where a resolution still cannot be reached, the arbitration of an Arbitrator appointed by the Chartered Institute of Arbitrators, Scottish Branch. The parties hereby agree to accept the Arbitrator’s decision as binding and the parties commit to paying the Mediator’s fees and the Arbitrator’s fees proportionally in line with his decision.

12. This Contract shall be governed by and construed in accordance with the laws of Scotland and the parties submit to the exclusive jurisdiction of the Scottish Courts. No waiver or amendment of any provision of this Agreement shall be effective unless made by a written instrument signed by both parties. Each provision of this Agreement shall be construed separately and notwithstanding that the whole or any part of any such provision may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall continue in full force and effect.

 

 


Creatovators CIC is a not for profit Community Interest Company registered in Scotland No.393774. Registered Address: C/O 13 Drumbeg Terrace, Glasgow. G62 7RH.
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